H.F. 550 Section 1. Section 135B.34, subsection 2, Code 2013, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . 0b. (1) If a person being considered for 3 employment, other than employment involving the operation 4 of a motor vehicle, has been convicted of a crime listed in 5 subparagraph (2) but does not have a record of founded child or 6 dependent abuse and the hospital has requested an evaluation 7 in accordance with paragraph “a” to determine whether the crime 8 warrants prohibition of the person’s employment, the hospital 9 may employ the person for not more than sixty calendar days 10 pending completion of the evaluation. 11 (2) Subparagraph (1) applies to a crime that is a simple 12 misdemeanor offense under section 123.47 or chapter 321, and 13 to a crime that is a first offense of operating a motor vehicle 14 while intoxicated under section 321J.2, subsection 1. 15 Sec. 2. Section 135B.34, subsection 4, paragraph b, Code 16 2013, is amended to read as follows: 17 b. A person with a criminal or abuse record who is or was 18 employed by a hospital licensed under this chapter and is hired 19 by another licensee without a lapse in employment hospital 20 shall be subject to the criminal history and abuse record 21 checks required pursuant to subsection 1 . If However, if an 22 evaluation was previously performed by the department of human 23 services concerning the person’s criminal or abuse record and 24 it was determined that the record did not warrant prohibition 25 of the person’s employment and the latest record checks do not 26 indicate a crime was committed or founded abuse record was 27 entered subsequent to that evaluation, the person may commence 28 employment with the other licensee while hospital in accordance 29 with the department of human services’ evaluation of the latest 30 record checks is pending and an exemption from the requirements 31 in paragraph “a” for reevaluation of the latest record checks 32 is authorized . Otherwise, the requirements of paragraph “a” 33 remain applicable to the person’s employment. Authorization 34 of an exemption under this paragraph “b” from requirements for 35 -1- LSB 1738HV (2) 85 jp/nh 1/ 5

H.F. 550 reevaluation of the latest record checks by the department of 1 human services is subject to all of the following provisions: 2 (1) The position with the subsequent employer is 3 substantially the same or has the same job responsibilities as 4 the position for which the previous evaluation was performed. 5 (2) Any restrictions placed on the person’s employment in 6 the previous evaluation by the department of human services 7 shall remain applicable in the person’s subsequent employment. 8 (3) The person subject to the record checks has maintained a 9 copy of the previous evaluation and provides the evaluation to 10 the subsequent employer or the previous employer provides the 11 previous evaluation from the person’s personnel file pursuant 12 to the person’s authorization. If a physical copy of the 13 previous evaluation is not provided to the subsequent employer, 14 the record checks shall be reevaluated. 15 (4) Although an exemption under this lettered paragraph “b” 16 may be authorized, the subsequent employer may instead request 17 a reevaluation of the record checks and may employ the person 18 while the reevaluation is being performed. 19 Sec. 3. Section 135C.33, subsection 2, Code 2013, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . 0b. (1) If a person being considered for 22 employment, other than employment involving the operation 23 of a motor vehicle, has been convicted of a crime listed in 24 subparagraph (2) but does not have a record of founded child or 25 dependent abuse and the licensee has requested an evaluation 26 in accordance with paragraph “a” to determine whether the crime 27 warrants prohibition of the person’s employment, the licensee 28 may employ the person for not more than sixty calendar days 29 pending completion of the evaluation. 30 (2) Subparagraph (1) applies to a crime that is a simple 31 misdemeanor offense under section 123.47 or chapter 321, and 32 to a crime that is a first offense of operating a motor vehicle 33 while intoxicated under section 321J.2, subsection 1. 34 Sec. 4. Section 135C.33, subsection 8, Code 2013, is amended 35 -2- LSB 1738HV (2) 85 jp/nh 2/ 5

H.F. 550 by adding the following new paragraph: 1 NEW PARAGRAPH . 0d. (1) If a student’s clinical education 2 component of the training program involves children or 3 dependent adults but does not involve operation of a motor 4 vehicle, and the student has been convicted of a crime listed 5 in subparagraph (2), but does not have a record of founded 6 child or dependent adult abuse, and the training program has 7 requested an evaluation in accordance with paragraph “c” 8 to determine whether the crime warrants prohibition of the 9 student’s involvement in such clinical education component, the 10 training program may allow the student’s participation in the 11 component for not more than sixty days pending completion of 12 the evaluation. 13 (2) Subparagraph (1) applies to a crime that is a simple 14 misdemeanor offense under section 123.47 or chapter 321, and 15 to a crime that is a first offense of operating a motor vehicle 16 while intoxicated under section 321J.2, subsection 1. 17 Sec. 5. STUDY OF BACKGROUND CHECK IMPROVEMENTS 18 AND REQUIREMENTS FOR CERTAIN PROVIDERS OF HOME HEALTH 19 SERVICES. The department of inspections and appeals, in 20 conjunction with the departments of human services and 21 public health, shall study the potential for applying new 22 technologies and other improvements that may be implemented for 23 the current processes of performing and evaluating child and 24 dependent adult abuse and criminal record checks of persons 25 providing health care services. In addition, the study shall 26 consider applying record check requirements to individuals and 27 agencies providing home health services that are not subject 28 to certification, licensing, or other regulation by state 29 government. The department shall submit a report with findings 30 and recommendations to the governor and general assembly on or 31 before December 15, 2013. 32 EXPLANATION 33 This bill relates to evaluation of the results of certain 34 criminal record checks of prospective health care employees by 35 -3- LSB 1738HV (2) 85 jp/nh 3/ 5

H.F. 550 the department of human services (DHS). 1 Code sections 135B.34 and 135C.33, relating to criminal and 2 child or dependent adult abuse record checks of employees of 3 hospitals (135B.34) and health care facilities and certified 4 nurse aide student trainees (135C.33), are amended. Code 5 section 135B.34 is amended to conform with an amendment made 6 to Code section 135C.33 in 2012. Under the amendment, if a 7 person with a criminal or abuse record is or was employed by a 8 hospital and is hired by another hospital, the person remains 9 subject to another record check. However, if DHS previously 10 evaluated the record and determined the record did not warrant 11 prohibition of the person’s employment, a reevaluation of the 12 record is not required if the conditions specified in the bill 13 are met. The conditions include that the new position is 14 substantially the same as the previous position, that any DHS 15 restrictions from the previous evaluation remain applicable, 16 and the employee either provides a physical copy of the 17 evaluation or the previous hospital provides it. Although 18 the exemption conditions are met, the new hospital may still 19 request a reevaluation of the record and employ the person 20 while the reevaluation is pending. 21 Both Code sections are amended to allow conditional 22 employment of prospective employees under certain 23 circumstances. In addition to nurse aide student trainees, 24 Code section 135C.33 applies to prospective employees 25 of nursing facilities, residential care facilities, and 26 intermediate care facilities for persons with mental illness or 27 a developmental disability, various in-home service providers, 28 hospices, Medicaid waiver service providers, elder group homes, 29 and assisted living programs. 30 Current law provides that if it is determined that a 31 person being considered for employment has been convicted of 32 a crime under a law of any state, the department of public 33 safety shall notify the licensee that upon the request of the 34 licensee DHS will perform an evaluation to determine whether 35 -4- LSB 1738HV (2) 85 jp/nh 4/ 5

H.F. 550 the crime warrants prohibition of the person’s employment in 1 the facility. 2 The bill allows for conditional employment of not more than 3 60 calendar days of the prospective employee who was convicted 4 of a crime specified by the bill pending completion of the DHS 5 evaluation. The bill does not apply to employment involving 6 the operation of a motor vehicle or to persons with a record 7 of founded child or dependent adult abuse. The crimes covered 8 by the bill are limited to simple misdemeanor offenses under 9 Code section 123.47, involving purchase or possession of an 10 alcoholic beverage by a person who is not legal age, and 11 Code chapter 321, relating to motor vehicles and laws of the 12 road, and first offenses of operating a motor vehicle while 13 intoxicated under section 321J.2, subsection 1 (a serious 14 misdemeanor). 15 A similar new conditional employment exception is applied by 16 the bill to students applying for, enrolled in, or returning to 17 a certified nurse aide training program. 18 The department of inspections and appeals, in conjunction 19 with the departments of administrative services, human 20 services, public health, and public safety, is required 21 to study the potential for applying new technologies and 22 other improvements that may be implemented for the current 23 processes of performing and evaluating child and dependent 24 adult abuse and criminal record checks of persons providing 25 health care services. In addition, the study is required to 26 consider applying record check requirements to individuals and 27 agencies providing home health services that are not subject 28 to certification, licensing, or other regulation by state 29 government. The department is required to report with findings 30 and recommendations to the governor and general assembly on or 31 before December 15, 2013. 32 -5- LSB 1738HV (2) 85 jp/nh 5/ 5